Skip to comments.Ex-New York Chief Judge: It's time to end cash bail
Posted on 07/13/2018 10:43:56 AM PDT by re_tail20
As the former chief judge of New York, I have seen that money bail doesnt work.
In New York, like most states, a person who is charged with a crime can be required to put down money as bail, serving as collateral to ensure he or she returns to court. If you can pay, you go home. If you cant, you go to jail.
In other words, if you are wealthy, you can fight your charges from home with the help of high-end lawyers. If you arent, you may have to defend yourself from behind bars, represented by a public defender who is hard-pressed and more than likely overloaded with other cases.
In New York City, only 12 percent of the people who have bail set can pay immediately. The other 88 percent are transported to the infamous jail complex on Rikers Island.
Rikers is a particularly awful place so bad that an independent commission that I lead determined that the only way to fix Rikers is to close it forever. But whether you are sent to Rikers or any other jail, you are entering a harsh and often dangerous environment that isolates you from your loved ones, your livelihood and your community.
Some people can make bail within a few days, usually relying on money collected by family and friends or borrowed from commercial bondsmen, who charge high fees. Many others stay in jail for months or even years as their cases wind through the courts.
Even a short time in jail can harm your job, your family and your reputation. It can expose you to violence or criminal influences. All this happens before you have been convicted of any crime.
The consequences do not end at the jail doors. Studies show that spending just a few days...
(Excerpt) Read more at foxnews.com ...
Women and children of bail bondsmen hardest hit.
My personal opinion is that just as I try to avoid certain countries, I also try to avoid certain cities.
Is this guy an idiot? Drunk?
He spends all his time here writing about how bad jail is. Then he wants to end the bail process that would get you OUT of jail?
40+ years later, still a very funny movie.
A judge also used a person’s wealth and resources to flee to set bail.
As a judge who also magistrates, it’s been my experience that many of the people I see in jail have been arrested on warrants for not only the underlying offense, but for failure to appear after having released on personal recognizance bonds. I believe there’s a better way, but just release on PR bond isn’t it for many offenders.
“Common sense tells us that no one should be forced to pay to be free. This idea is taking root across the political spectrum. Supporters include: Sen. Bernie Sanders, I-Vt.; the Koch brothers; Sen. Kamala Harris, D-Calif.; and Sen. Rand Paul, R-Ky.”
This. This tells me all I need to know about this idea.
Idiots. Idiots everywhere.
He sounds like a liberal lamenting how having more money produces better results, so I bet the endgame is releasing everybody on OR, possibly coupled with astronomically increasing bonds on the wealthy and/or just denying them bail entirely, because, you know, wealthy, or Trump, or something. It’s just not FAIR, don’t ya know.
He actually makes sense. If someone is in for the first time, small crime, why have a big bail? If a multiple offender, then hammer him.
Bounty Hunters do a great job of making sure as many folks go to court as they promised. DemocRATS want them off Scott Free for they're votes. It's all about votes folks and the DemocRATS will get them illegally and any way they can so they can Overturn America and Implement Command and Control Socialism.
Do you Doubt it?
Now I KNOW everything in this article is a lie. Common sense has never even seen this guy at a distance, much less had a conversation with him.
I read the article. He does not make those points anywhere.
This guy is a catch and release liberal.
Here's a novel idea: Don't break the law. Problem solved.
Bail should be obsolete. Unless youve committed assault, rape or murder, theres no reason to hold anyone behind bars.
Anything to keep a certain group out of prison and the crime records.
If the accused has no history of violence, has strong ties to the community—a stable family, a steady job, owns a home, lives with and supports his children, etc., low bail or no bail will be the case.
However, someone with no fixed address, no strong ties to the community, no steady job, a history of violence, etc. presents a flight risk.
In general I'm in favor of eliminating onerous bail. The most outrageous and unconstitutional case is that of Paul Manafort. His bail has been set at $10,000,000. That's TEN MILLION DOLLARS for someone accused of a nonviolent, white collar crime, someone with strong ties to society and the community.
Horrible murderers and violent criminals have lower bail set. Manafort poses no flight risk, or danger to anyone. Anyone with half a brain knows that if convicted Paul Manfort will be pardoned eventually. Mueller's case is an exercise in futility.
This is completely unconstitutional. If that is not unconstitutional, then nothing is. I'm surprised why all the civil rights zealots like the NYT, Washington Post, ACLU, and other have not taken up this cause.
Good points. Non violent accused don’t need to be in jail awaiting trial.
If we routinely jail non violent accused until trial, I might agree these people have a point.
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